Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-30
THE FREE.PAss BUSINESS.
How the Law Affects Postal Em.
pIOyees.

ny telegraph 70 the Dispstch.l
WASHINGTON, ID. c., March 29-On
the DIST instant the Postmaster-Gene-
raj solicited from the Attorney-General
an opinion upon the questions whether
there will be anything in the act OF
February 4, 1887, entitled an act to re-
qulate commerce which prohibits the
practice of receiving passes by en-
ploy6s heretofore prevailing in this De
partment, and il any particular act pro
hibits the continuance by the railroad
companies of the practice of transport
ing postal employees free of charge as
heretofore, in what degree, and on
what limitations ? Upon receiving the
reply of the Acknowledgement the
Postmaster General issued q circular
addressed TO the division superintend-
ents, inspectors, and other officials and
employees of the railway mail service.
This circular embOdies the substance
of both the letter of inquiry and the
reply, and is as follows:
1.-The attention of the Department
has been invited by the officers of many
railroad companies to the interstate
commerce act with the inquiry how far
those provisions which they have
deemed restriction of free travel affect
the persons or employees of the postal
service. The correspondence has al
most universally contained expressions
of willingness 10 continue the faclli
ties heretofore afforded unless such
course be in contravention of law. In
order to a satisfactory exposition OF
this point the opinion Of the
Attorney General was solicited. The
'Attoney-General's opinion, which
has been furnished to the press
at length, is that the Interstate act
does not affect the postal service, but is
in regulation of commerce only, and
he concludes as follows: AS the act
does not include the mail service in its
provisions none Of the lawful customary
and necessary instrumentslities by
which that service is conducted are
subjected to the law. Among the law
full customary and necessary instru-
mentalities for the efficient, consistent,
and successful conduct of the service
the Post Office Department is author
lied by law to send officers,
agents, and clerks of the Government
to take charge Of, protect. and distri-
butte the mails and to search for and in
vestigate the errors, frauds, or crimes
relating 10 them. Persons thus en-
ploved when i'll actual line of duty, or
when in pursuance thereof going to or
returning from their places of residence
while in the performance of service, or
to or from their assigned line OF dutys
in ordinary and customary course of
service, should be regarded as in the
performance OF official duty, and unaf-
fected by the provisions of this act. "
This authoritative Interpretation re-
heves all railroad companies employed
in carrying the mails from risk OF the
violation of the statute byacontinuance
of the courteous methods of intercourse
and business heretofore prevailing be-
tween the Department and the railroad
companies. Itshouldperhaps be added,
by way of information, that the trans
portation given to the inspectors upon
the commission Of the Department and
10 the postal clerks in the line of their
duty is not free travel, but by the law
and regulations constitutesa part of the
service paid for in mileage compensa-
tion to railroad-carriers. Inspectors
and postal clerks who may be required
by any mail contractor to pay fare when
travelling on official duty will take
receipt for same and report the facts to
the Department, that the amount may
be deducted from the carriers com
pensation, according to long-established